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SUBROGATION
SUBROGATION: When TEN pays for or provides any services under this Agreement to or on behalf of any covered individual, TEN has the right to recover the value of those payments from a party legally liable to pay you for the injury or injuries for which services have been paid for and/or provided. This may be a third party or third party insurer, uninsured or underinsured motorist’s benefits, or benefits under a no fault automobile policy that may be available to you. This may also include any personal insurance, an employee benefit plan, or any other source owned by or available to you to pay for the services in question.

This right extends to and includes the right to initiate legal action in your name, if that is necessary to recover the value of payments made or services provided on your behalf under this Agreement.

In this regard, the following conditions prevail:

(A) You hereby assign TEN all rights which you or your dependents have or may have to the extent of and by virtue of the payment of any claim for services that TEN is contractually obligated to provide.

(B) TEN is hereby authorized to pursue reimbursement of payments made on your behalf as stated in Paragraph A hereof to the extent of any payments made and/or for the value of any services provided to you or on your behalf from any source, including third party providers or other insurance or health or welfare benefits plan that may be available in whole or in part to pay for or reimburse the value of benefits and services afforded to you by TEN. In conjunction herewith, you further agree that:
  • TEN is authorized to, in its discretion, present claims and initiate, compromise, settle, discontinue and end legal proceedings to recover the value of services paid to you or on your behalf; and to sign and endorse any documents, drafts, checks, releases and/or pleadings as deemed necessary for this purpose with the same force and effect as though your personal authorization appears thereon;
  • You shall cooperate fully with TEN in its recovery efforts, and shall sign and timely deliver such documentation or legal process as TEN and/or its attorneys or recovery agent deem is reasonably necessary to represent and protect its rights; and, further, you agree to present such testimony as TEN and/or its attorneys or recovery agent may determine is necessary for this purpose;
  • You agree to do nothing which would prejudice TEN’s recovery rights in any manner.
(C) TEN has the right to retain counsel of its choice to represent its rights and interests. If you or anyone authorized to act on your behalf or on behalf of your estate retains an attorney to represent you or your interests in a claim arising out of the same incident for which TEN has paid and/or provided services, you hereby acknowledge that TEN is not obligated to allow that attorney to represent its rights and interests.

(D) In conjunction here with:
  • TEN shall assume responsibility for its costs associated with its recovery efforts and hereby expressly warrants that at no time will you be assessed or become responsible for any cost associated solely with said subrogation activities.
  • TEN acknowledges that you may have personal claims as the result of any incident giving rise to subrogation rights under this Agreement, and agrees not to prejudice your rights to pursue personal claims for any injuries giving rise to its rights under this Agreement.
  • At your request, TEN’S recovery agent, International Recoveries, LLC, shall refer you to an attorney in the appropriate geographical area to discuss your right to recover for any accidental injuries you may sustain. Fee arrangements and payment of fees (contingent or otherwise) and costs thereafter charged by the attorney to whom you have been referred shall be your responsibility.
  • You agree to notify TEN or International Recoveries, LLC within thirty (30) days of presenting any claim or filing any lawsuit to recover for any personal injuries sustained while this Agreement is in effect. In addition, you agree to provide in a timely fashion any information in this regard requested by TEN or on its behalf.
  • International Recoveries, LLC may be contacted at 10 Presidential Blvd. Ste. 110, Bala Cynwyd, PA 19004 (USA). Its telephone numbers are (610) 664-7066 or toll-free in the continental U.S. (888) 664-7067.